Bill H.2843
187th (2011 - 2012)

An Act clarifying certain penalties for felonies in correctional institutions

By Mr. Murphy of Weymouth, a petition (accompanied by bill, House, No. 2843) of James M. Murphy and others relative to assault, assault and battery, destruction of property and refusal to obey a lawful order within a correctional facility. The Judiciary.

SECTION 1: Section 38B of chapter 127 of the General Laws, as appearing in the 2008 Official Edition, is hereby by amended by inserting after paragraph (c) the following new paragraphs:

(d) If two or more persons in the custody of a correctional facility, including any jail, house of correction or state prison, whether armed or not, are unlawfully, riotously or tumultuously assembled and any such person commits an assault or an assault and battery upon an officer or other employee, any volunteer or employee of a contractor in any such facility or any duly authorized officer or other employee of any such facility, or upon any other inmate or inmates, each person so unlawfully assembled be shall be punished by imprisonment for not less than five years and not more than twenty in state prison. Said sentence shall be served consecutively on and after any current sentence being served.

(e) If two or more persons in the custody of a correctional facility, including any jail, house of correction or state prison, whether armed or not, are unlawfully, riotously or tumultuously assembled and any such person destroys property of said correctional facility valued at fifty dollars or more each person so unlawfully assembled be shall be punished by imprisonment for not more than five years in state prison. Said sentence shall be served consecutively on and after any current sentence being served.

(f) If two or more persons in the custody of a correctional facility, including any jail, house of correction or state prison, whether armed or not, are unlawfully, riotously or tumultuously assembled, each such person who refuses or neglects a lawful order issued by an authorized officer, employee or contractor of said correctional facility shall be punished by imprisonment for not more than 2 ½ years. Said sentence shall be served consecutively on and after any current sentence being served.

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